ELC 10.13
                    DISCIPLINARY HEARING


(a) Representation.  The Association is represented at the
hearing by disciplinary counsel.  The respondent lawyer may
be represented by counsel.

(b) Respondent Must Attend.  A respondent given notice of a
hearing must attend the hearing.  Failure to attend the
hearing, without good cause, may be grounds for discipline.
If, after proper notice, the respondent fails to attend the
hearing, the hearing officer or panel:

  (1) may draw an adverse inference from the
     respondent's failure to attend as to any questions that
     might have been asked the respondent at the hearing;
     and

  (2) must admit testimony by deposition regardless of
     the deponent’s availability.  An affidavit or
     declaration is also admissible, if:

     (A) the facts stated are within the witness’s personal
         knowledge;

     (B) the facts are set forth with particularity; and

     (C) it shows affirmatively that the witness could
         testify competently to the stated facts.

(c) Respondent Must Bring Requested Materials.  Disciplinary
counsel may request in writing, served on the respondent at
least three days before the hearing, that the respondent
bring to the hearing any documents, files, records, or other
written materials or things.  The respondent must comply
with this request and failure to bring requested materials,
without good cause, may be grounds for discipline.

(d) Witnesses.  Except as provided in subsection (b)(2) and
rule 10.6, witnesses must testify under oath.  Testimony may
also be submitted by deposition as permitted by CR 32.
Testimony must be recorded by a court reporter or, if
allowed by the hearing officer, by tape recording.  The
parties have the right to cross-examine witnesses who
testify and to submit rebuttal evidence.

(e) Subpoenas.  The parties may subpoena witnesses,
documents, or things under the terms of CR 45.  A witness
must promptly comply with all subpoenas issued under this
rule and with all lawful orders made by the hearing officer
under this rule.  Subpoenas may be enforced under rule 4.7.
The hearing officer or panel may additionally draw adverse
inferences as appear warranted by the respondent’s failure
to respond.

(f) Prior Disciplinary Record.  The respondent’s record of
prior disciplinary action, or the fact that the respondent
has no prior disciplinary action, must be made a part of the
hearing record before the hearing officer or panel files a
decision.


[Adopted effective October 1, 2002.]